LAWS(UTN)-2015-1-72

BAASLER INTERNATIONAL Vs. DIRECTOR OF INDUSTRIES AND ORS.

Decided On January 08, 2015
Baasler International Appellant
V/S
Director Of Industries And Ors. Respondents

JUDGEMENT

(1.) BY means of present writ petition, under Article 226 of the Constitution of India, the petitioner seeks to issue a writ in the nature of certiorari quashing the impugned order dated 15.12.2014, passed by respondent No. 3. A writ in the nature of mandamus has also been sought commanding respondents collectively and severally to permit the petitioner to execute the lease deed with B.A.A. and Sons, the original allottee. In the first round of litigation, writ petition No. 728 (M/S.) of 2013 was filed by the present petitioner against respondent No. 3, General Manager, District In -dustry Centre, Roorkee, District Haridwar, challenging the order dated 03.04.2013, passed by said respondent, whereby the petitioner was asked to close down, the industry, in as much as he had violated the Government Order dated 30.05.2005.

(2.) PETITIONER challenged the aforesaid order on the grounds, inter alia, that no opportunity of hearing was granted to the petitioner and, therefore, there was violation of the principle of natural justice.

(3.) ON 15.12.2014, respondent No. 3 passed an order after hearing the petitioner only. Intervener did not appear before respondent No. 3 and hence, the order was passed in his absence. Neither any notice was sent to the intervener, nor did he appear in person on his own before the said authority.